Cheatham v. Decker

District Court of Appeal of Florida

Cheatham v. Decker

752 So. 2d 657, 2000 Fla. App. LEXIS 349, 2000 WL 35860

CourtDistrict Court of Appeal of Florida

DecidedJanuary 19, 2000

DocketNo. 1D99-3731

StatusPublished

Cited by1 cases

This text of 752 So. 2d 657 (Cheatham v. Decker) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Cheatham v. Decker, 752 So. 2d 657, 2000 Fla. App. LEXIS 349, 2000 WL 35860 (Fla. Ct. App. 2000).

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Opinion

PER CURIAM.

Dismissed. Appellant argues his notice of appeal was timely filed because he timely filed a motion for rehearing. Appellant’s motion for rehearing was untimely filed pursuant to Florida Rule of Appellate Procedure 9.330(a). The burden is on the appellant to demonstrate that he timely filed the motion for rehearing under the “mail box rule,” as set forth in Haag v. State, 591 So.2d 614 (Fla.1992). Appellant has failed to sustain his burden. The instant appeal is therefore dismissed for lack of jurisdiction.

LAWRENCE, DAVIS and VAN NORTWICK, JJ., CONCUR.

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PER CURIAM.

Dismissed. Appellant argues his notice of appeal was timely filed because he timely filed a motion for rehearing. Appellant’s motion for rehearing was untimely filed pursuant to Florida Rule of Appellate Procedure 9.330(a). The burden is on the appellant to demonstrate that he timely filed the motion for rehearing under the “mail box rule,” as set forth in Haag v. State, 591 So.2d 614 (Fla.1992). Appellant has failed to sustain his burden. The instant appeal is therefore dismissed for lack of jurisdiction.

LAWRENCE, DAVIS and VAN NORTWICK, JJ., CONCUR.

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Bluebook (online)

752 So. 2d 657, 2000 Fla. App. LEXIS 349, 2000 WL 35860, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cheatham-v-decker-fladistctapp-2000.

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